Need legal advice

[Qwoz]

Ok, im going to try and keep the story as short and concise as possible. Tonight my buddy was driving me back from a party. About a block away from our place we are behind a cop and all of a sudden the cop comes to a complete stop in the middle of the street. We then continue and make our turn onto our street after he pulls over to the side. The cop pulls him over, for no apparent reason. He tells him that his "tires were screeching" when he came to a stop, which is completely untrue, and asked if his tires were bald. Then he proceed to give him a 5-10 min follow the pen test, followed with a walk the line.
Long story short he is arrested for DUI, only after given a breathalyzer because he has passed the other tests. Is there a possibility that illegal search and seizure would be a case here? The cop pulled him over for "screeching tires" for god sakes. The cop had pretty much brake checked him, and he came to a completely reasonable stop. Let it be know that we are in a college town, other than that idk what would have lead him to believe the driver may be intoxicated.
He was completely cooperative and only mentioned that he had a few drinks after stepping from the vehicle.

What is the best path to take in this situation? He only blames himself for it, but I can't help feeling like hes been taken advantage of. Sitting in the backseat, I really don't know what the justification for the sobriety tests would have been, or even for being pulled over.

 

[drtechy]

Have your friend talk to a lawyer and that's it. Don't trust advice from anyone on here unless they are an attorney in your particular state.

 

[bhmkv]

Once he said he only had a few drinks the police would need to give him a DUI test. As far as the reason for being pulled over may have to wait to see what the police puts in his report. Sucks. Your friend will need to hire an attorney for this. From what Ive heard it can cost 5-10k for good representation. Best of luck.

 

[KOA789]

The cop could have told him that was the reason for the stop but you wont know what the real reason was until you read the actual report. Also, your friend didn't pass at least one of the tests, if any, because a portable breathalyzer unit can not be used for probable cause for an arrest. It is only used to verify the officer's findings on HGN. Sounds like your friend was driving drunk and got busted. If I were him, I'd get an attorney.

 

[tree_hugger]

^

that

 

[drtechy]

Oh yea one more piece of advice for you though, stop getting in the car with people who have been drinking

 

[elklodgeezra]

Oh yea one more piece of advice for you though, stop getting in the car with people who have been drinking

Well said sir.

In other news, different states have different legalities in regards to what qualifies as a legitimate "stop." There are vast differences between stops and seizures. In regards to your friends predicament, like everyone else here has said, get a lawyer. Some lawyers don't give a shit, considering, you know, he was drinking and driving, but in any case, there are some avenues of approach to take with recommending potential defenses and holes in the prosecutions case, especially in regards to the arresting officers procedural conduct. Make sure he followed all the rules. It's serious shit, if they fuck one thing up, they can fuck everything else up.

In relation to the fourth amendment, preventing illegal searches and seizures, the stop may or may not be deemed legal, depending on what the police officer determines (writes on the report) is the cause for the stop. Screeching tires may be a stoppable offense in your state, ask the lawyer, I don't know exactly how the officer would prove it, but then again, innocent until proven guilty is a crock of shit, so ultimately your friend, or more accurately his lawyer would have to put serious holes in the officers rationale.

There is also a possibility that the length of time you and your friend were detained by the police officer could be deemed unreasonable. Believe it or not, this also goes hand in hand with the fourth amendment and many a case laws. The arresting officer would really have to articulate the shit out of why he held him for so long after such a bullshit stop (which may or may not be justified anyway).

I can provide case laws to you if you reeeaaaally want that could come in handy, let me know, but being hungover currently, I lack the motivation to do much of anything.

Lastly, doesn't matter if he passed all of the tests with flying colors. Your friend could have gotten arrested and charged with a DUI for blowing .001, just because you're not over the legal limit does not negate the fact that you're still under the influence of alcohol. I've seen people get convicted, partly because their defense was crap, sometimes these people didn't have attorney's because they believed they could go pro se (act as their own attorney) but really, come on, we don't go to a million years of school and get shit on by judges for no reason.

 

[This is Ryans face]

Pretty sure "screeching tires" can be a stoppable offense only from a start. It's cited as "improper start from a stop."

Never heard anyone being stopped for slamming on the brakes to avoid an accident, or obstacle in the roadway.

Definitely get an attorney, but in times like those. Never admit to anything on scene. The officer will more than likely not give you a break for being honest. If you don't wish to lie, you can simple retain your right to remain silent. You also have a right not to take a breathalyzer test on grounds that doing so would incriminate you (further). Your friend could've refused the tests, unless your state's laws are different, and spent a night in lock up, and released the next day.

 

[elklodgeezra]

Unfortunately some states mandate subjection to BAC testing. Either via actual statute or a stipulation for retaining a drivers license. There are even some states that the police can literally hold you down and draw blood to check.

 

[KOA789]

Pretty sure "screeching tires" can be a stoppable offense only from a start. It's cited as "improper start from a stop."

Never heard anyone being stopped for slamming on the brakes to avoid an accident, or obstacle in the roadway.

Definitely get an attorney, but in times like those. Never admit to anything on scene. The officer will more than likely not give you a break for being honest. If you don't wish to lie, you can simple retain your right to remain silent. You also have a right not to take a breathalyzer test on grounds that doing so would incriminate you (further). Your friend could've refused the tests, unless your state's laws are different, and spent a night in lock up, and released the next day.

There are things cops can stop people for at night that do not constitute a violation of the law, that they would not be able to stop a person for during the day. Stopping short, or taking too long to stop is one of those things. It also covets abrupt braking.

Unfortunately some states mandate subjection to BAC testing. Either via actual statute or a stipulation for retaining a drivers license. There are even some states that the police can literally hold you down and draw blood to check.

I've held people down before while we do a draw.

 

[utekineir]

When i got my license in nh during the late 90s I was told that there if you refuse a breathalyzer its an automatic license suspension.

Still automatic suspension is far better than documented proof of drinking.

 

[drtechy]

When i got my license in nh during the late 90s I was told that there if you refuse a breathalyzer its an automatic license suspension.

Still automatic suspension is far better than documented proof of drinking.

Or you could just not drive drunk and help keep the rest of us alive

 

[utekineir]

Was told that in drivers ed.

I havent driven drunk in years, thank you very much.

 

[KOA789]

When i got my license in nh during the late 90s I was told that there if you refuse a breathalyzer its an automatic license suspension.

Still automatic suspension is far better than documented proof of drinking.

It's an automatic license suspension, plus, they still get a sample of blood. What happens is, upon refusal, a warrant is drafted and faxed to the court. A judge signs it, then 4 to 6 police officers hold the subject down while a phlebotomist takes a sample. License is automatically suspended for 12 months, and even if the sample comes back under the legal limit, and the DUI charges are dropped, the suspension stands. Now, if you submit, you only get a 90 day suspension upon being convicted of a DUI. No conviction, no suspension in that case.

 

[09vdubgti]

Im a lawyer, send me $$ ill take care of everything. Need $$ first though. Tires screeching was just an excuse to pull your friend over.